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Margaret Fraser and John Dallas her Husband v Hugh Fraser. [1681] 3 Brn 407 (5 July 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030407-0574.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Margaret Fraser and John Dallas her Husband v. Hugh Fraser
Date: 5 July 1681
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In the charge Margaret Fraser, and Mr John Dallas, minister, her husband, against Mr Hugh Fraser, minister, this point was taken to the Lords' answer by Newton:—Where a bond of presentation of a debtor is taken under a penalty by and attour the sisting of him, but does not expressly bear that they shall be liable for the debt owing by the principal party to be presented; in case he fail, whether the paying the debt due by the principal party, in case of not presenting him, be included and implied ex natura rei, as the meaning and design of the parties, without expressing it.
